Employment discrimination is understood as any distinction, exclusion, or preference that a worker or group of workers receive for having different characteristics compared to others. Or for belonging to a class protected by federal or state laws, and that has the effect of nullifying or altering equality of opportunities or treatment in employment and occupation.
The Texas Labor Code and the Civil Rights Act state that employers may not discriminate against an employee or alleged employee during hiring, termination, promotion, workers’ compensation, or any other employment status or privilege based on sex, race, and/or color, disability, national origin, age or religion.
What to do?
Workers who consider that they have been victims of discrimination in any labor interaction for the reasons already stated can file a complaint with the Texas Workforce Commission and the Civil Rights Division. These instances work in conjunction with the Federal Equality Commission. of Employment Opportunities (EEOC) to resolve these cases.
How to file a complaint?
1. Submit an Employment Discrimination Complaint Form accompanied by the following requirements:
- Address of the workplace.
- The company must have at least 15 employees.
- The act of discrimination must have occurred within the last 180 days from the date the complaint was filed.
- Specify the type of discrimination you are subject to, such as race, color, national origin, religion, sex, age, or disability.
- Identify the discriminatory act, for example, demotion, denial of promotion, or termination.
- If the complaint meets the requirements to file a charge of discrimination, it will be processed.
2. Mediation between the parties to discuss the problem is a voluntary and optional process.
3. Research. If some of the parties reject mediation, the investigator will collect the evidence and determine if there is sufficient evidence of a violation of the law. Then both the worker and the employer will be notified and receive the recommendations that concern each party.
We recommend that you contact us if you are in such a process. You will need the guidance of an experienced attorney on your side to obtain the compensation you deserve.
